[2017] KEHC 3235 (KLR)
The court exercised its revisionary jurisdiction under Sections 362 to 379 of the Criminal Procedure Code, finding that the sentence of a fine of Ksh. 100,000 in default of 2 years imprisonment was excessive. The court substituted the default custodial sentence with a term of 12 months imprisonment, holding that...
Source-derived case information.
- Citation
- [2017] KEHC 3235 (KLR)
- Parties
- Applicant: John Mutembei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 13 of 2017
- Procedural Posture
- Criminal Revision / Sentence Revision
- Outcome
- sentence revised and substituted
- Judges
- MM Kasango
- Legal Topics
- Sentencing Revision, Criminal Procedure Code, Substitution of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mutembei
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Revision
Legal Issues
- 1 Whether the sentence imposed by the lower court was appropriate and lawful under the Criminal Procedure Code.
- 2 Whether the applicant was entitled to a revision of sentence.
Ratio Decidendi
The court exercised its revisionary jurisdiction under Sections 362 to 379 of the Criminal Procedure Code, finding that the sentence of a fine of Ksh. 100,000 in default of 2 years imprisonment was excessive. The court substituted the default custodial sentence with a term of 12 months imprisonment, holding that this was a more appropriate and proportionate penalty in the circumstances. The fine itself remained unchanged.
Court Disposition
sentence revised and substituted
Orders
- The sentence of John Mutembei is revised from a fine of Ksh. 100,000 in default 2 years imprisonment to a fine of Ksh. 100,000 in default 12 months imprisonment from the date of sentence in the lower court.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION 13 OF 2017
JOHN MUTEMBEI …… APPLICANT
VERSUS
REPUBLIC ………….RESPONDENT
(Pursuant to an order issued by Chief Magistrate’s Court at Nanyuki on 24th February, 2017 in Nanyuki Chief Magistrate Criminal Case No. 662 of 2016)
4/10/2017
Before Justice Mary Kasango
C/A Njue/Mariastella
COURT IN CHAMBERS IN ABSENCE OF PARTIES.
ORDER
Pursuant to the powers of revision under Section 362 to 379 to the Criminal Procedure Code I review the sentence of John Mutembei from fine of Ksh. 100,000 in default 2 years imprisonment and SUBSTITUTE it with a fine of Ksh. 100,000 and in default 12 (twelve) months imprisonment from the date of sentence in the lower court.
Dated this 4th October, 2017
MARY KASANGO
JUDGE